Introduced Version






HOUSE BILL No. 1536

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-21-3-14.

Synopsis: Solid waste management districts. Precludes a solid waste management district from imposing a fee for registering, issuing a permit for, or licensing a vehicle as a condition of allowing a solid waste hauler to render services within the district.

Effective: July 1, 2013.





Wolkins, Moed




    January 22, 2013, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1536



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-21-3-14; (13)IN1536.1.1. -->     SECTION 1. IC 13-21-3-14, AS AMENDED BY P.L.220-2011, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998.
    (b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following:
        (1) The power of eminent domain.
        (2) Except as provided in subsection (c), the power to exclusively control the collection or disposal of any solid waste or recyclables within the district by means that include the following:
            (A) Franchising.
            (B) Establishing a territory or territories within the district in which a person may provide service.
        (3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.
        (4) The power to establish fees that a person must charge for the

collection or disposal of solid waste or recyclables within the district.
        (5) The power to issue permits for an activity that is already permitted by a state agency, except as expressly granted by statute.
         (6) The power to levy a charge or fee for registering, issuing a permit for, or licensing a vehicle as a condition of allowing a solid waste hauler to render services within the district.
    (c) If one (1) or more of the governmental entities in a district, at the time of the formation of the district, is a party to a contract providing that the persons contracted with have the exclusive right to collect or dispose of solid waste within the jurisdiction of the governmental entity, the district may enter into an extension of that contract.
    (d) Subsection (b) does not apply to activities conducted as part of a household hazardous waste collection and disposal project.